Pilot to Seek Discharge in Adultery Case

WASHINGTON — In a move that may end a fast-brewing public relations disaster for the Air Force, 1st Lt. Kelly J. Flinn, the nation’s first female B-52 bomber pilot, has decided to seek an honorable discharge rather than face a controversial court-martial on charges stemming from an adulterous relationship, her attorney said Saturday.

“The decision was made by Lt. Flinn after lengthy and careful consultation with [her civilian lawyer Frank] Spinner, her military attorneys and family members,” a statement released by Spinner said. “Her honorable discharge will spare both her and the Air Force, which she truly loves, from further embarrassment over this incident.”

Spinner said Flinn would not comment. “She is a human being and she has feelings,” he said in a telephone interview with the Associated Press. “She sees her dreams coming to an end. She is not smiling, happy. But she’s at peace with herself.”

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Spinner said the request would be formally submitted to the Air Force early this week. The Air Force had no comment.

Under military law, it is technically up to Flinn’s immediate commanding officer to decide whether to honor the discharge request, known as a “request in lieu of” court-martial, or RILO. It is also extremely rare that an honorable discharge be given to an officer as a way to avoid a court-martial.

But Secretary of the Air Force Sheila E. Widnall has reportedly discussed this option for Flinn with senior military officials in recent days.

Flinn’s immediate commander is Lt. Col. Theodore LaPlante at Minot Air Force Base in North Dakota, but the sensitivity of the case and the publicity it has drawn means that the decision will almost certainly be taken up at a far higher level, most likely by Widnall herself.

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Flinn, a 26-year-old Air Force Academy graduate, first-rate pilot and, until recently, role model held up by the Air Force for women contemplating a military career, was due to face a military court Tuesday. Extensive media coverage of the case during the past two weeks has generated an avalanche of public support for Flinn and left the Pentagon public relations machine in a damage-control mode.

While Flinn is also charged with fraternization and insubordination, it is the count of adultery--which she has already admitted--that has dominated her case. In addition to women’s rights advocates, many male military veterans have questioned why the Air Force would want to derail such a promising career by court-martialing Flinn for an action that, while technically illegal under military law, is in many instances either handled discreetly by immediate superior officers or ignored completely.

Commenting on Flinn’s decision, a Pentagon spokesman, Army Col. George Lennon, said she had taken advantage of an option that is open to any U.S. military officer facing serious disciplinary action. While enlisted men and women entering military service sign a contract to serve a specific number of years, all officers legally serve at the pleasure of the president.

“Officers may request to resign for the good of the service,” Lennon said. “Then it is up to the commander to decide what to do.”

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Flinn’s troubles began when she fell in love--she says for the first time--with the base soccer coach, Marc Zigo, who presented himself as separated and going through a divorce. In fact, he was married to an enlisted woman at the base.

When confronted by her superior, she initially denied the affair, later explaining she had made a pact with Zigo that they would claim the relationship was platonic.

When Zigo described in some detail their sexual activities to base senior officers, Flinn was accused of lying, and when she disobeyed a direct order to stay away from Zigo, she drew what the Air Force sees as the most serious charge of all, insubordination.

Flinn now says she realizes she fell for the wrong man. She also admits a brief fling with an enlisted man, which led to the charge of fraternization.

Military law experts Saturday applauded Flinn’s decision, saying it opens the way for both sides to escape without more damage.

“It’s good for both sides,” said Eugene R. Fidell, president of the National Institute for Military Justice in Washington, an organization that promotes the fair administration of military justice. “It allows Flinn to escape a federal conviction and for the Air Force, it stops the bleeding.”